U.N. Commission on Human Rights, Report of the Special Rapporteur on
torture and cruel, inhuman or degrading treatment or punishment, U.N.
Doc. E/CN.4/1994/31 (1994)(Nigel Rodley, Special Rapporteur).

Nepal

Information transmitted to the Government and replies received

404. By letter dated 26 August 1993 the Special Rapporteur advised the
Government that he had received information according to which there had
been several positive developments in the human rights situation in the
country since 1989. These included the promulgation in 1990 of a new Constitution
which prohibited torture and provided for compensation for torture victims,
as well as the accession of Nepal to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment. Despite these
positive changes, it was reported that torture in police custody was still
being used, both as a means to obtain information or confessions or to
punish prisoners held for political reasons. In addition to this, no official
action had allegedly been taken to ensure independent and impartial investigations
or to bring those responsible to justice. The individual cases described
in the following paragraphs were transmitted to the Government.

405. Chaitu Lama, a supporter of the Communist Party of Nepal, was arrested
on 26 October 1992 in Bhiman village, Sindhuli district, in connection
with an incident of murder. He was first reportedly beaten in his home
by members of the ruling Nepali Congress Party, who tied him up and dragged
him to the police station. Once in police custody, he was allegedly beaten
repeatedly for two days after refusing to sign a confession to murder.

406. On 23 November 1993 the Government replied that on 27 October 1992
a fight had broken out between residents of the Bhirman and Hardiya villages,
Sindhuli district, during which two persons were killed and others injured.
The police had carried out an investigation and filed a case with the District
Court, which had ordered the detention of six persons, including Mr. Lama.
Subsequently, the Court of Appeal had confirmed the detention of Mr. Lama
and released the five others. All of them had been injured during the incident
of 27 October. It could not be confirmed that they had been tortured during
the period of detention.

407. Tul Bahadur Sarki was arrested by police in the same circumstances
as Chaitu Lama. In the police station he was reportedly beaten with sticks
on the arms, calves and soles of the feet, including while suspended upside
down. He was also said to have been threatened with death when he refused
to sign a statement saying that he had witnessed Chaitu Lama and another
person committing murder.

408. Purna Bahadur Bishwokarma, aged 61, was arrested on 1 November
1992 in Thalajung village, Gorkha district, on suspicion of theft and taken
to Gorkha District Police Office (DPO), where he was said to have been
beaten regularly with sticks and with sisnu (a plant which causes
painful swellings on the skin). When he was released, on 19 November, he
was unable to work and died a few days later.

409. On 23 November 1993 the Government replied that Mr. Bishwokarma
had been beaten by local residents before being brought to the police station.
After inquiries were made he was allowed to return home. A few days later
his corpse was found at the Pokharithok market in Gorkha. The post mortem
report did not indicate beating or torture as the cause of death. However,
the investigation was still under way.

410. Bhim Bahadur Gurung was arrested in the same circumstances as Purna
Bahadur. At the DPO he was reportedly boxed on the ears, pulled by the
hair and kicked and punched in the face and abdomen. It was also alleged
that he was forced to sit in the kukhura (chicken) position, when
the victim's hands are loosely tied behind the back with a rope, then brought
forward under the thighs, with the legs bent at the knee and with the head
then being pushed forward between the legs and under the rope tying the
hands. After being forced into this position, he was beaten for about half
an hour. He was released 24 days later, reportedly without charge and without
having appeared before a court, having been held incommunicado throughout
his detention.

411. Suya Bahadur Rana was arrested on 3 November 1992 in the same circumstances
as Purna Bahadur and kept incommunicado at the DPO for 22 days. He was
reportedly taken to the police inspector's office, forced into the kukhura
position and beaten on the soles of the feet, ankles, thighs and arms on
several occasions during his detention. He was also forced to jump up and
down when his feet were painfully raw from beatings. A medical examination
carried out after his release indicated injuries consistent with the alleged
torture. On 23 November 1993 the Government replied that the allegations
were false.

412. Pratap Bishwokarma was arrested on 9 November 1992 in the same
circumstances as the three previous persons and taken to the Gorkha DPO.
He was allegedly beaten on the ankles with sticks, forced into the kukhura
position and beaten on the soles of the feet for about half an hour, after
which he was made to jump up and down on his wounded feet. At the time
of his release, after 17 days in incommunicado detention, the police reportedly
threatened to rearrest him if he disclosed that he had been tortured. On
23 November 1993 the Government replied that the allegations were false.

413. Dewan Singh Gurung was arrested on 6 November 1992, like the previous
four persons. According to the reports, he was forced into the kukhura
position and beaten on the soles of the feet with a rough stick. Thereafter
he was beaten all over the body; and on the sixth day, he was stripped
naked and beaten for 10 minutes with sisnu dipped in water. He was
reportedly also punched in the abdomen, and made to jump up and down until
he was unable to stand. He was released after 13 days in incommunicado
detention.

414. Sanu Maya Bishwokarma was incriminated by evidence given under
torture by her husband Purna Bishwokarma. She was arrested on 15 November
and was held incommunicado for one week. She was reportedly beaten during
and after arrest, both with sticks and sisnu, and was held by the
hair and lifted into the air.

415. Mnikala Rai was arrested by police at Buddhanilkantha, Kathmandu
on 13 December 1992 and detained overnight. In addition to being raped,
she was allegedly kicked and beaten until she became unconscious. A medical
examination carried out after her release reportedly indicated injuries
consistent with rape, including severe bruises on the chest, thighs, arms,
face and head.

416. On 23 November 1993 the Government replied that a deputy superintendent
of police had been dismissed in connection with Mani Kala Rai's ill-treatment.
However, it was not true that she had been beaten to unconsciousness while
in police custody.

417. The Special Rapporteur was also informed of a large number of arrests
which allegedly took place between 25 and 28 June 1993 following demonstrations
in Kathmandu and neighbouring towns called by the Communist Party of Nepal.
According to the reports, over 300 people were taken into custody and most
of them were beaten on the shins with sticks. As a result, some were unable
to walk properly.

418. With respect to this incident the Government replied on 23 November
1993 that during the period of the said nationwide strike, when the demonstrators
at the various places of the Kathmandu Valley had taken the law into their
hands by resorting to arson, damaging public places and stoning public
houses and vehicles, the police had had to take into custody some persons
involved in those activities in order to make an on-the-spot investigation,
to prevent the violence going out of control, and to protect public and
private properties from further damage. After investigation, some of those
who were found innocent were released the same day, and legal action under
prevailing laws was taken against those who were found to have been involved
in violent and destructive activities.